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MATTER OF ROBERT P. LYNN, III v. PLANNING BOARD OF THE TOWN OF EAST HAMPTON

2011-03502.

89 A.D.3d 1028 (2011)

933 N.Y.S.2d 567

2011 NY Slip Op 8596

In the Matter of ROBERT P. LYNN, III, et al., Appellants, v. PLANNING BOARD OF THE TOWN OF EAST HAMPTON, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 22, 2011.

Ordered that the judgment is affirmed, with costs.

There is no evidence in this record that the respondent's determination was illegal, arbitrary, or an abuse of discretion (see Matter of Fairway Manor, Inc. v Bertinelli, 81 A.D.3d 821, 823 [2011]; Matter of Commercial Real Asset Mgt. Inc. v Kessler, 38 A.D.3d 542, 543 [2007]). The petitioners failed to demonstrate a material change...

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